Fact Check: Is Virginia Really Trying to Infringe on 2nd Amendment Rights?

Fact Check: Is Virginia Really Trying to Infringe on 2nd Amendment Rights?

In Virginia, the newly elected Democrat majority has said they want to follow through on gun control measures that could take away popular firearms.

The problem — the Second Amendment of the United States Constitution.

Proposals by Democrats could affect hunters, sportsmen, and citizens who have a Second Amendment right to protect their property, homes, and well-being. The question is, does the Constitution really matter to Virginia Democrats? Will law enforcement cooperate and will they confiscate guns? Will citizens allow their guns to be confiscated? Democrats believe they need new gun laws to protect people from one another, but is this true?

Highlights

The newly elected Democratic majority and the Democrat Governor of Virginia are proposing legislation that would ban semi-automatics and turn everyday Virginians into instant criminals if they don’t comply with confiscation orders; criminalize the transfer of private firearms, and confiscate firearms without due process.

The problem is the majority of Virginians don’t agree with more laws or confiscation — and the legislation has no chance of holding up in Federal Courts due to the Second Amendment. To counter this proposed legislation, 91% of Virginia’s counties have adopted resolutions making them Second Amendment sanctuary counties. Elected officials and Sheriffs have said they will not enforce the laws if enacted and are willing to face jail time.

  • Virginia’s population is 8.5 million people. In 2018, the state had 347 homicides that were gun-related. While any unnecessary death to a crime is terrible and intolerable, the statistics don’t show a glaring social crisis. Less than 3% of people were victims of violent gun-related crime in Virginia. There are already laws on the books that deal with how the justice system treats criminal activities.
  • Laws don’t stop bad people from doing bad things, it only creates consequences that bad people don’t consider before making bad decisions. The FBI reported in 2018 that five times as many people were killed by knives or cutting instruments than with rifles or any kind of gun. The proposed gun-control laws by Democrats only prevent law-abiding citizens from being able to protect themselves, their families, or their possessions. Should Virginia lawmakers ban steak knives next if they are genuinely concerned about violent crimes?
  • Background checks are locks on a door — all they do is keep honest people honest. That’s a good thing. However, universal background checks don’t keep criminals from obtaining or stealing guns. The US Department of Justice reported that 75% of those incarcerated in state and federal prisons on gun-related charges had obtained the weapon through theft, the black market, or from family and friends.
  • Mental health laws are already strong in Virginia. Law enforcement officers can take an unstable person into custody for a mental health evaluation without prior approval from a court. Those who are temporarily in detention or enter a mental health facility are prohibited from possessing a firearm until the court restores their rights.
  • In 2008, the Supreme Court ruled in District of Columbia v. Heller that every citizen has the right to keep and bear arms. Justice Scalia wrote for the majority that the 2nd Amendment is a “personal right” that not only included weapons for war – it includes “all” weapons.

The Second Amendment certainly seems like it’s under attack in Virginia to us. What do you think?

By Don Purdum, Freelance Contributor

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